New Filings in Ohio Libertarian Party Primary Ballot Access Case

New filings entered on March 20 and March 21 in Libertarian Party of Ohio v Husted include documents explaining that the party’s appeal to the Sixth Circuit need not be decided immediately. U.S. District Court Judge Michael Watson issued a supplemental order on March 20, which says that if the Sixth Circuit reverses him and puts the statewide Libertarian candidates on the party’s primary ballot, there is ample time to do that.

This is because some counties in Ohio use touch-screen ballots. A name can be added to a ballot on a touch-screen computer only days before the election is to be held. The Ohio primary is May 6. Because there are no declared write-in candidates for Governor in the Ohio Libertarian primary (and it is too late for any to emerge now), and because Earl is the only candidate who filed a petition to be on the primary ballot, if his name is added to the electronic ballot shortly before the primary, he will the primary winner by default. He only needs one vote to be declared the victor. Normally, when a candidate is left off the ballot in most parts of the state, that is a serious blow; but in this case, it is not.

The attorney for the individual who challenged Earl’s petition filed a brief on March 21. That brief makes the same point, and says there is no time emergency. The brief also defends the constitutionality of the Ohio law that requires circulators to list their employer on each petition sheet. The challenger’s brief says that the privacy of circulators is not injured by that requirement, because anyone can always look at the candidate’s financial disclosure report and find out the name of the individual or group paying for the petition. But this argument cuts the other way. If the state’s interest in knowing who paid for the petitioning can be satisfied by the candidate’s disclosure report, why does the state also need this information on each petition sheet?

Hawaii Bill to Greatly Enlarge Public Funding of Campaigns Passes House, But is Defeated in Senate Committee

On March 4, the Hawaii House passed HB 2533, to greatly expand the public financing program. However, on March 19, the Senate Judiciary Committee voted against the bill, so it won’t pass in this legislative session.

Hawaii already has public funding, but the amounts that qualifying candidates can receive are small. Candidates for Governor can only receive an amount equal to 10% of the expenditure limit for that office, and candidates for the legislature can only receive 15%. In 2012, only ten candidates for the legislature participated in the program, and none of them received as much as $2,000.

The bill would have provided that any candidate for the State House who receives $5 contributions from at least 200 registered votes in his or her district can receive approximately $33,000. One reason the bill was defeated in the Senate Committee was the need to hire additional state employees to administer the program, including checking to see whether donors are registered voters in the correct district. Thanks to the Center for Competitive Progress for news about the bill.

Shockingly Low Turnout in Illinois Democratic Primary Suggests Many Democrats Voted in Republican Primary

With 100% of the precincts counted, but some absentee and provisional ballots still uncounted, here are election returns for the Illinois primary of March 18. The number of votes cast in the Democratic primary for Governor is only 438,112, even though that race was contested. By comparison, here is the number of votes cast in recent previous Democratic primaries for Illinois Governor: 2010 915,726; 2006 944,397; 2002 1,252,516; 1998 950,307.

In other words, the number of votes cast in the 2014 primary was less than half of the number of votes cast in each of the last the four preceding Democratic gubernatorial primaries. The number is apparently the lowest number of votes cast in an Illinois Democratic gubernatorial primary since the 1940’s.

The 2014 Republican primary shows 808,830 votes cast for Governor. Past Republican Illinois primary vote totals for Governor are: 2010 767,485; 2006 735,810; 2002 917,828; 1998 707,406. 2014 is the first Illinois primary with more voters choosing the Republican primary ballot than the Democratic primary ballot since 1986.

It seems clear that hundreds of thousands of Illinois Democrats chose the Republican primary ballot. Illinois is an open primary state. Illinois voter registration forms don’t ask voters to choose a party. The motivation for so many Democrats to vote in the Republican primary was that Bruce Rauner is considered to be a foe of government employee unions, whereas Kirk Dillard, his leading Republican competitor, is their friend. Rauner narrowly beat Dillard, 323,296 to 302,035.

Ohio Green Party Still Has Chance to Qualify its Gubernatorial Candidate for the November Ballot

The Ohio Green Party is asking voters to choose a Green Party primary ballot in May, and to write-in Anita Rios for Governor and Bob Fitrakis for Lieutenant Governor. The primary is May 6. If the ticket gets 500 write-ins in the primary, it will appear on the November ballot. The Green Party’s web page is asking voters to pledge to cast a write-in vote, and is hoping that such voters identify themselves in advance, so the party will know how it is doing. See this pledge form on the party’s web page.

Libertarians can’t nominate by write-in, for Governor, in the primary, because the deadline for filing as a declared write-in had already passed by the time the party’s candidate was removed from the primary ballot.

The other two ballot-qualified minor parties in Ohio, the Constitution Party and the Socialist Party, have no gubernatorial candidates this year.